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HomeMy WebLinkAboutContract 52297-CA1 CITY SECRETARY ECE1vE� CONTRACTNO,_L222cj 7 V�yS�cB5NV� ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 522977 THIS ASSIGNMENT OF ENCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this Rt day of March , oe`e , by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("Cily"), HARSON SEI, LLC, a Texas limited liability company("Assignor"), and THE CHAYET TRUST, DATED JANUARY 25, 1988, a California trust ("Assignee"). Sometimes herein City, Assignor, or Assignee may also be referred to individually as a"Party" or collectively as the "Parties." WITNESSETH: WHEREAS, the City entered into an Encroachment Agreement, City Secretary Contract No. 52297 (the "Encroachment Agreement"), on the 8th day of May, 2019, with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Pro er ") located adjacent to or near the City's right-of-way on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement, attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, and are referenced therein and herein as the "Improvements"; WHEREAS, the Encroachment Agreement was recorded the 21 st day of May, 2019, as Instrument No. D219108297 in the Real Property Records of Tarrant County, Texas; WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW, THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Assignor hereby assigns, transfers, and conveys all rights and interests and delegates it duties and obligations under the Encroachment Agreement to Assignee. 2. Assignee hereby accepts the Assignment granted herein, and assumes all of Assignor's rights, duties, and obligations arising under the Encroachment Agreement. 3. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignee's obligations hereunder. 4. The effective date of this Assignment shall be the date of its (the "Effective Date"). All rights, duties, and obligations under the Encr ent Agr x Encroachment Assignment Agreement Page I of 7 % F, Rev 10/2018 arising, accruing, or relating to the period before the Effective Date are allocated to Assignor, and all rights, duties, and obligations arising, accruing, or relating to the period thereafter shall be allocated to Assignee. 5. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as of the Effective Date. 6. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 7. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any further assignments. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 8. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with proper postage, certified mail return receipt requested, or by a nationally recognized overnight delivery service, and (ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. city Planning and Development Department 200 Texas Street Fort Worth TX 76102 Attention: Director Assignor Harson SEI, LLC 2601 Network Blvd., Suite 413 Frisco, Texas 75043 Attn: Tom Schaffer Griffin Harris PLLC 8144 Walnut Hill Lane, Suite 1080 Dallas, Texas 75231 Attn: Ryan Harris Assignee The Chayet Trust Encroachment Assignment Agreement Page 2 of 7 Rev 10/2018 3028 Cavendish Dr. Los Angeles, CA 90064 Attn: Ed Chayet E-Mail: edchayet@gmail.com Andrew Zarda Duggan Shadwick Doerr& Kurlbaum LLC 9101 W. 11 Oth Street, Suite 200 Overland Park, Kansas 66210 9. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 10. Assignee shall cause this Assignment to be filed of record at Assignee's expense in the Real Property Records for Tarrant County, Texas. 11. The Certificate of Insurance for the Assignor attached as Exhibit `B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as "Exhibit B, Revised." 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] Encroachment Assignment Agreement Page 3 of 7 Rev 10/2018 ASSIGNOR: ASSIGNEE: Harson SEI, LLC, a Texas limited liability company By: Edward Chayet as the Trustee of the Name: THE CHAYET TRUST, DATED Title: per _ JANUARY 25, 1988, a California trust See A++, t,ed Acknc�-J'4�"fj STATE OF TEXAS § COUNTY OFQA111' § This instrument was acknowledged before me by c� , as the of Harson SEI,LLC, on behalf of said corporation. „tea Notary Publi tate of Texas CINDY BRADLEY NN [NOT jary Public, State of Texas Comm.Expires 01-23-2021 IIWNN�� Notary ID 4805875 STATE OF § COUNTY OF § This instrument was acknowledged before me by Edward Chayet, as the Trustee of The Chayet Trust,Dated January 25, 1988, on behalf of said trust. Notary Public, State of Texas [NOTARIAL SEAL] 0FFPW'1r,.P_ F0qIR Encroachment Assignment Agreement Rev 10/2018 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On 2 e� QCfDber LlX 19 before me, Esai Lopez , Notary Public (insert name and title of the officer) personally appeared �✓Q�' who proved to me on the basis of satisfactory evidence to be th on )whos nam s ' /are s scribed to the within instrument and acknowle� to me he /they executed the same in jjWher/their authorized aci s), and that er/their si natu e ) on the instrument the rson( j>or the entity upon behalf of which th person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ESAILOPEZ WITNESS my hand and official seal. COMM.2193355 a e NOTMY PL9X CRFO ran $ Las Angeles County My Cortm.Em is AM23 2021 Signat —�- I AL. RECORDECRETARYORTH, TX APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: Matthew Murray D.J. Harrell, Interim Director Assistant City Attorney a�,, , Planning and Develop--ent Department A'TT ST: w n � R.. Date: g City Secre e ' [No M&C Required] i: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, includir.Lg insuring all performance reporting requirements. Janie S. Morales Development Manager STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on M.Q, J L q 2020by D.J. Harrell, as the Interim Director of the Planning and Development Department of the City of Fort Worth, a Texas municipal corporation on behalf of the City of Fort Worth. C N ary P`uuqic, State • Texas [NOTARIAL SEAL] .�``ava'�•, JENNIFER LOUISE EZERNACK 'o La's Notary Public, State of Texas Comm.Expires 03-01-2024 Notary ID 130561630 M SECRETARY' FT. WORTH,-Tlx Encroachment Assignment Agreement Page 5 of 7 Rev 10/2018 EXHIBIT A Exhibit A CITY SECRETARY , CONTPACT NO. EASEMENT ENCROACHMENT LICENSE AGREEMENT Commercial THIS AGREEMENT is made and entered into by and between THE CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"), acting by and through its duly authorized City Manager, Assistant City Manager, or Planning and Development Director, and Harson SEI, LLC, a limited liability company ("Licensee"), owner of the real property located at 8800 Harmon Road, Fort Worth,"Texas 76131 ("Property"), acting by and through its duly authorized Manager. RECITALS WHEREAS, Licensee is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal Description of the Property, attached as "Exhibit C" and incorporated herein for all purposes; and WHEREAS, the City has a sanitary sewer easement (the "Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on, above,or below the City's Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW, THEREFORE,the City and Licensee agree as follows: AGREEMENT 1. The City, in consideration of the payment by the Licensee of the fee set out below and covenants and agreements hereinafter contained to be kept and performed by Licensee, hereby grants permission to Licensee to encroach in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of I" private domestic water line encroaches the 15' public sanitary sewer easement (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within the Easement. Licensee shall not expand or otherwise cause the Encroachment to further infringe in or on City's Easement beyond what is specifically described in the exhibit(s)attached hereto. Easement Encroachment Agreement-Commercial Page I of 12 Revised 12/2018 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept,design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation, relocation, or repair of any existing or future utility or improvements owned by or constructed by or on behalf of the public or at public expense is made more costly by virtue of the construction, maintenance, or existence of the Encroachment and use, Licensee shall pay to the City an additional amount equal to such additional cost as reasonably determined by the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative. 4. Licensee agrees that the City may enter and utilize the referenced areas at any time for the purpose of installing, repairing, replacing, or maintaining improvements to its public facilities or utilities necessary for the health, safety, and welfare of the public, or for any other public purpose. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement,Licensee shall, at the option of and at no expense to the City,remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- existing City specifications. It is understood and agreed to by Licensee that if this Agreement terminates and Licensee fails to remove the Encroachment as directed and Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 restore the Easement, Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the City has incurred or will incur as a result of the construction, maintenance, inspection, or management of the encroachments and uses provided for by this Agreement, Licensee agrees to pay to City at the time this Agreement is requested an application fee of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon is held by City as trustee for the public; that City exercises such powers over the Easement as have been delegated to it by the Constitution of the State of Texas or by the Texas Legislature; and that. City cannot contract away its duty and its legislative power to control the Easement for the use and benefit of the public. It is accordingly agreed that if the governing body of City may at any time during the term hereof determine in its sole discretion to use or cause or permit the Easement to be used for any other public purpose that does not preclude the use of the Encroachment on the Property, including but not being limited to underground, surface, or overhead communication, drainage, sanitary sewerage, transmission of natural gas or electricity, or any other public purpose, whether presently contemplated or not, that the parties agree to negotiate in good faith in order to accommodate the Encroachment and the public purpose. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Easement Encroachment Agreement-Commercial Page 3 of 12 Q—;.a 112/201% OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE, OR LOCATION OF THE ENCROACHMENT AND USES GRANTED HEREUNDER,WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. 10. While this Agreement is in effect, Licensee agrees to furnish City with a Certificate of Insurance naming City as certificate holder as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the proposed use and occupancy of public property as located and described in Exhibit A. The amounts of such insurance shall be not less than $1,000,000 with the understanding and agreement by Licensee that such insurance amounts may be revised upward at City's option and that Licensee shall so revise such amounts immediately following notice to Licensee of such requirement. Such insurance policy shall not be canceled or amended without at least thirty (30) days prior written notice to the Building Official of the City. A copy of such Certificate of Insurance is attached as "Exhibit B" and incorporated herein for all purposes. Licensee agrees to submit a similar Certificate of Insurance annually to the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and its successors and assigns to maintain and keep in force such public liability insurance at all times during the term of this Agreement and until the removal of the Encroachment and the cleaning and restoration of the Easement. All insurance coverage required herein shall include coverage of all Licensee's contractors and subcontractors. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 11. Licensee agrees to deposit with the City when this Agreement is executed a sufficient sum of money to be used to pay necessary fees to record this Agreement in the real property records of Tarrant County, Texas. After being recorded, the original shall be returned to the City Secretary of the City of Fort Worth. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. Licensee agrees to pay promptly when due all fees, taxes, or rentals provided for by this Agreement or by any federal,state, or local statute,law, or regulation. 14. Licensee covenants and agrees that it shall operate hereunder as an independent contractor as to all rights and privileges granted hereunder and not as an officer, agent, servant, or employee of City, and Licensee shall have exclusive control of and the exclusive right to control the details of its operations,_anal all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. The doctrine of respondeat superior shall not apply as between City and Licensee, its officers, agents, servants, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Licensee. 15. Licensee agrees and acknowledges that this Agreement is solely for the purpose of permitting Licensee to construct, maintain, and locate the Encroachment over or within the Easement and is not a conveyance of any right, title, or interest in or to the Easement, nor is it meant to convey any right to use or occupy property in which a third-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees. Easement Encroachment Agreement-Commercial Page 5 of 12 RUVbcd 12/2018 17. The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 1s. Licensee covenants and agrees that it will not assign all or any of its rights, privileges, or duties under this Agreement without the written approval of the City, and any attempted assignment without such written approval shall be void. In the event Licensee conveys the Property,Licensee may assign all of its rights and obligations under this Agreement to the new owner of the Property, and Licensee shall be deemed released from its duties and obligations hereunder upon City's approval in writing of such assignment, which approval shall not be unreasonably conditioned or withheld. Foreclosure by a secured lender of Licensee or assignment to a secured lender by Licensee in the event of default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's rights and obligations hereunder. However, no change of ownership due to foreclosure or assignment to any secured lender of Licensee shall be effective as to City unless and until written notice of such foreclosure or assignment is provided to City. 19. Any cause of action for breach of this Agreement shall be brought in Tarrant County,Texas. This Agreement shall be govemed by the laws of the State of Texas. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 City: Licensee: CITY O 'O WOIi IIARSON SEI,LLC 'Plin By: AVV. By: Randle Harwoo , Director Name: Thomas J. Schaffer Planning&Develo me Title: Manager Date: Date: � �1 By: Name: Title: Date: ATTEST: `: :'A roved As To Form and Legality ity Secretary Trey Qualls Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration oft is contract., inc.ludin&ensuring all performance reporting requirements. Janie S. Morales Development Manager Easement Encroachment Agreement-Commercial Page 7 of 12 Revised 12/2018 Intel ta STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Randle Harwood, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 day of 20) aa�1Y :lrii JENNIFER LOUISE EZERNAC .�,...�a Notdry Public,State of-texas and or State of Texas:. Y Comm.Expires 03-01-2020 ary Publ' �in qq N ID 1305v u30 Notary rrmq Y After recording return to: Planning & Development Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 Easement Encroachment Agreement-Commercial Pnge 8 of 12 Revised 12/2018 STATE OF TEXAS § COUNTY OF +*ttR7M § BEFORE ME, the undersigned authority, a Notary Public in and for the State of (.Q k o s , on this"day personally appeared Thomas J. Schaffer, manager (Title) known to me to be the person whose name is subscribed to the foregoing instrurnent, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed., as the act and deed of HARSON SEI, LLC, a limited liability company (entity type), and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Zt;�` day of Aor` 20 SUSAN E. NESS ?2O�pRY PU��c;-Notary Public,state of Texas Notary Public in and for the :, y Comm. Expires 07-07 2021 State of ,L' K�{ �j+i r,�� Nbtafy ID 131199549 Easement Encroachment Agreement-Commercial Page 9 of 12 Revised.1.2/201.8 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 Q o C 0 s n W o LU a.S> . �i LU C'a p y ` W o o l spa L _ W W C L+ o may:d. W h t :tt" a I L.I !�# a.w X V _t'9 I L 1 IYR NY t Q t i t I c> I { G1M-.+9-.Y 1v13'M 3WAw EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page I I of 12 Revised 12/2018 Exhibit B SCHAF-2 ,d►CORa CERTIFICATE OF LIABILITY INSURANCE DATE 4/1 712 01 YYj 04/17/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 817-640-5035 C NTACT Chris Monroe,CIC Monroe&Monroe Insurance PHONE 817-640-6036 Fly 817-640-0131 Agency, Ltd. A/C,Na,Ext: AIC,Nol: 2921 Gaileria Dr., Suite 102 EMAI cmonroe@monroe-monroe.com Arlington,TX 76011 Chris Monroe,CIC IINSURERM AFFORDING COVERAGE NAIL# INSURER A!Mid-Continent Casualty Co. 23418 INSURED INSURER B: Schaffer Construction,LLC Ha Box 2EI LLC INSURER C: Frisco,TX 75034 INSURER D: INSURER E: INSURER F: COVERAGES CE T ICATE ER: RgYISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POiICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X I CA MMERC1AL GEWERAL L4ABiLITY 1,ti00,000 EACH OCCURRENCE CLAIMS-MADE a OCCUR 04GL1004530 09/14/2018 09/14/2019 DAMAGMISE TO RENTED ES S 100,000 A X Professional Liab 04GLI004530 09/14I2018 09/14/2019 MED EXP(Any one erson $ 0 A HX Pollution Lib 04GL1004530 09/14/2018 09/14/2019 PERSONAL&ADV INJ RY S 1,000,'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY r X7 JECT F1 LOC PRODUCTS-COMP/OP AGG S 4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY Perperson) SS OWNED SCHEDULED AUTOS ONLY AUUT�OQS BODILY INJURY Per accident S AUT[jS ONLY AUTOS�NL� PROa�RdT n DAMAGE $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 X EXCESS LIAB CLAIMS-MADE 04XS206517 09/14/2018 09/14/2019 AGGREGATE $ 6,000,000 DED I X I RETENTION$ 10,006 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE H ACCIDENT OFFICERIMEMBER EXCLUDED? "N I A 1(Mandatory in ) E.L.DISEASE-EA EMPLOYEE If yes.describe under DES RIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE R CANCELLATION FORTWO1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, City Of Fort Worth ACCORDANCE WITHDATE THE POLICY PROVISIONS.E WILL BE DELIVERED IN Planning&Development-CFA Office PN19-00041 AUTHORIZED REPRESENTATIVE 200 For Texas Street Fort Worth,TX 76102 ACORD 2512D1SJ03) O 1988-2013 ACCORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT C Metes and Bounds Legal Descriptions of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 PIONEER M A P P I N G S 1)R V E V 1?4 G I C ON 5 U tT ING I G E 1)5 FP T I A L ......................... ------ Exhibit C M97ES AND BOUNDS DESCRIPTION 0.0036 ACM1155.4 SQUARE FEET) WILLIAM McCOWEN SURVEY,A-999 TARRANT COUNTY,TEXAS Being 0,0036 acres (155.4 square feet)of farad situated in the William McCowen Survey, Abstract Number 999, Tarrant County, Texas, being part of fhot certain called Lot I R2 as conveyed to Harson SEI, 1-_C according to the Special Warranty Deed with Vendor's Lien recorded under County Clerk's Insiturnefft Number 0219034153, Official Public Records of Tarrunt County,Texas, and being part of Lot I R2, Block A, The Presidio, Lots IF,I-IR3, according to the plot thereof recorded under County Clerk's Instrument Number D218229126, Official Public Records of Tarrant County, Te-xas. Said 155A square feet of Jorid being ricre, loafficurlarty described as follows, to wit: COMMENCING FOR REFERENCE at a 1/2-inch iron rod with plastic cap stamped "Eagle Surveying" found of the sovthyiest comer of the above mentioned Lot !R2,Block A.. some being the norfhvve,-sf comer of Lot 7R5, Block A, The Presidio, Lolls /R I-7R 13, according to tits plot thereof recorded under County Clerk's Instrument Number D2 18 189692, Official Public Records of Tarrant "'ourly, Texas, and beifig in the east line of Harmon Road jvcnable width right-af- way), as dedicated by the above mentioned plot of The Presi6o, Loiz 7R I-7R 13; THENCE over and ocross said Lot I R2, North 7/0 degrees 30 minutes 26 seconds Easi, a distance of 138.08 fee' to the POINT OF BEGINNINGo'? the herein described trc--,ict, beir.ag in the south line of a 15-foot sanitary se'vvef easement occordirg to said plot of Lot I R2, Block A, the Presidio; THENCE Notih 00 degrees 14 minuleas 12 seconds'West, a disionceoll 15.58 fee-1 to 4-,j p6tit, being in the north lure ofsaid 15-foot sanitary 5ewer eusement; THENCE North 89 deprees 45 minutes 49 seconds East,aiung the nur]h line of said 15-foot sanitary sewer easement, -,j disfcnce of 10.00 feet '10c po4rif; THENCE South IDO degrees 14 rrinutes 12 seconds East, a distance of 15.50 feel to a point, being in the south line of said 15-foot sanitary sewer easement,from said point a 1/2-inch iron roof wilt) r,4asfic r,4ip stcrrpedl "Eagle Surveying" f and ir, "he south bo,,andory finer of sail i Lot I R.12- 5< ne being the north boundary line of the above mentioned Lot 7R5, bears South 41 degrees 57 minutes 06 seconds wesf, a distance of 61.84 feet,- THENCE South 89 degrees 18 rninutes 26 seconds West. along the south line of said 15-foot sanitary sewer easement,adistance of 10;00 feet 4o the POINT Of BEGINNING,containing 0.0036 acres (155.4 square teptl of land, more or less. Bearings based on the Texas State Plane Coordinate System, NAD83 (201 1), Epoch 2010, Texas North Central Zone 4202. Uislances are in U.S. Survey f9t,-.0 and decimoi parts thereof- 4/5/-2019 Stuarf,L.Wcwnock,RPLS, GASP Texas Registration Nvrnbor 6579 5,!JAz?T NOCK 6.5 9 Page 2 Of 1 MARY LOUISE NICHOLSON COUNTY CLERK 100 West Weatherford Fart Worth,TX 76196-0401 PHONE(817)884-1195 CITY OF FORT WORTH 200 TEXAS STREET FT WORTH, TX 76102 Submitter: CITY OF FORT WORTH CFA OFFICE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 5/21/2019 2:34 PM Instrument#: D219108297 E 15 PGS $68.00 By tJ�— D219108297 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. EXHIBIT B, REVISED Exhibit B, Revised CERTIFICATE OF LIABILITY INSURANCE DATE(M1/1/ ) AG ORO 1/zv2019zolB THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on t�'r this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). m PRODUCER CONTACT 22 Aon Risk Services Southwest, Inc. PHONE Dal 1 as TX Office (A/C.No.Eat): (866) 283-7122 (A/c.FAX N-.): (800) 363-0105 a 5005 Lyndon B Johnson Freeway ADDRESS: _ suite 1500 Dallas TX 75244 USA INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED INSURERA: Ironshore specialty insurance Company 25445 7-Eleven, Inc. INSURER B: Lloyd's Syndicate No. 2003 AA1128003 3200 Hackberry Road Irving TX 75063 USA INSURERC: ACE American insurance Company 22667 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570079299707 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YVYY) LIMITS C X COMMERCIALGENERALLIABILITY XSLG7145292A 1 1 1 10 1 020 EACH OCCURRENCE $1,500,000 I _t SIR applies per policy to s & condi ions PDAMAGE TO REMISES(Ea WErence) CLAIMSMADE I X IOCCUR $1,500,000 X Liquor Liability Incld I�_LL MED EXP(Any one person) Excluded PERSONALS ADV INJURY $1,500,000 n C] GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $1,500,000 p^j POLICY ❑JEC7 PRO ❑X LOC PRODUCTS-COMP/OPAGG Included n 0 OTHER: o n COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per Person) O OWNED SCHEDULED BODILY INJURY(Per accident) Z AUTOS AUTOS ONLY PROPERTY DAMAGE A HIRED AUTOS AUTOS ONLY (Per accident) ONLY t' dl B X UMBRELLA LIAR H OCCUR CSUSA1902651 10/01/2019 10/01/2020 EACH OCCURRENCE $5,000,000 V EXCESS LIAR CLAIMS-MADE SIR applies per policy terns & COndl Tons AGGREGATE $5,000,000 OED I X RETENTION WORKERS COMPENSATION AND I PER STATUTE I OTH- EMPLOYERS'LIABILITY ER Y/N ANY PROPRIETOR/PARTNER/ E.L.EACH ACCIDENT EXECUTIVE OFFICER/MEMBER N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE I(yyes descnbeunder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Env Site Liab 001235402 12/18/2015 12/18/2019 Each Incident $4,000,000 Aggregate $4,000,000 SIR/Deductible $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,mar be attached if more space is required) LOc. 38551 / 8800 Harmon Road, Fort worth, TX, Encroachment Agreement. City of Fort worth and Edward Chayet, as Trustee of the Chayet Trust Agreement, Dated January 25, 1988 are included as Additional insured but limited to the location(s) shown and only as required by written contract or agreement and limited to the operations of the insured under said contract, per the applicable endorsement—Wi=res.Dect to the General Liability policy. N h CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Fort worth AUTHORIZED REPRESENTATIVE Planning & Development - CFA office PN19-00125, Texas Street Tx 7 Fort worth 6102 USA ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACO